Petition for Probate of Will and for Letters Testamentary (South Dakota)

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

In the Circuit Court, [JUDICIAL CIRCUIT], [COUNTY] County, South Dakota

Case number: [CASE NUMBER / TO BE ASSIGNED]

Before filing: This is a formal testacy petition for a will whose original is held by the court or accompanies the petition. If the original is unavailable, the petition and proof must be adapted under SDCL § 29A-3-402(c)-(d). Check § 29A-3-108 before filing more than three years after death.

Petitioner, [FULL LEGAL NAME], petitions for a formal order probating the will identified below and appointing Petitioner as personal representative. Petitioner states as follows:

1. Petitioner and decedent

1. Petitioner resides at [FULL MAILING ADDRESS], telephone [NUMBER], email [ADDRESS]. Petitioner's interest in this estate is [NOMINATED PERSONAL REPRESENTATIVE / DEVISEE / HEIR / OTHER SPECIFIC INTEREST].

2. Decedent's full name was [NAME], birthdate [__/__/____], and date of death [__/__/____]. Decedent was domiciled at death in [COUNTY, STATE] at [ADDRESS].

3. Venue is proper in this county because [DECEDENT WAS DOMICILED HERE AT DEATH / DECEDENT WAS NOT DOMICILED IN SOUTH DAKOTA AND OWNED PROPERTY HERE AT DEATH]. If relying on property location, identify the property: [DESCRIPTION AND LOCATION]. See SDCL § 29A-3-201(a).

4. This proceeding is commenced within three years after death. If relying on a different route under SDCL § 29A-3-108, state the specific statutory exception and facts instead: [EXCEPTION AND FACTS / NOT APPLICABLE].

2. Will and prior proceedings

5. The will offered for formal probate is dated [__/__/____] and was signed by Decedent. Codicils, if any, are dated [DATES / NONE]. Petitioner believes the will was validly executed.

6. The original will and all codicils [ACCOMPANY THIS PETITION / ARE IN THE COURT'S POSSESSION, CASE NUMBER [NUMBER]]. Petitioner seeks an order determining Decedent's heirs and testacy in relation to these instruments. If another will was previously offered or probated, identify the instrument and proceeding: [DETAILS / NONE].

7. After reasonable diligence, Petitioner is unaware of an instrument revoking the offered will or of another unrevoked testamentary instrument relating to South Dakota property. If aware of any, identify it and explain why it is not offered here: [DETAILS / NONE].

8. Any existing personal representative in South Dakota or elsewhere whose appointment has not ended is [NAME, ADDRESS, COURT AND CASE NUMBER / NONE]. Any demand for notice that Petitioner has received or knows was filed in South Dakota or elsewhere is [PERSON, ADDRESS, COURT AND CASE NUMBER / NONE].

3. Heirs and devisees

9. The following list gives, so far as known or ascertainable with reasonable diligence, the names and addresses of Decedent's heirs and devisees and the ages of any minors. Attach a continuation sheet if needed.

4. Appointment and bond

10. The offered will nominates [NAME] as personal representative. Petitioner seeks appointment in that capacity. Petitioner's address is [ADDRESS] and claimed priority under SDCL § 29A-3-203 is [PRIORITY AND SUPPORTING WILL PROVISION]. Identify any person with prior or equal priority and that person's position: [NAME, ADDRESS, CONSENT OR OBJECTION / NONE].

11. Petitioner requests that no bond be required unless the Court concludes a bond is in the estate's best interests under SDCL § 29A-3-603. Petitioner will file an acceptance of office and any required bond before receiving letters under § 29A-3-601.

5. Hearing notice and requested order

12. Petitioner will give notice after the Court sets the hearing, to the heirs, devisees, personal representatives identified in the wills and proceedings described by § 29A-3-403, any person who demanded notice, and interested persons whose identity or address is unknown. The proposed notice list, with any known attorneys, is attached as Exhibit [LETTER]. Petitioner will file proof of notice on or before the hearing. See SDCL §§ 29A-3-403 and 29A-1-401.

Petitioner asks the Court, after notice and hearing, to:

1. Determine Decedent's heirs and testacy in relation to the will and codicils identified above;
2. Admit those instruments to formal probate;
3. Appoint Petitioner as personal representative; and
4. Issue letters testamentary after Petitioner files an acceptance of office and any bond the Court requires.

Date: [__/__/____]

Petitioner signature: ______________________________

Printed name and address: [NAME / ADDRESS]

Attorney name and South Dakota Bar number, if represented: [NAME / NUMBER / NONE]

Verification

I declare that the factual statements in this petition are true and complete to the best of my knowledge and belief after reasonable inquiry.

Petitioner signature: ______________________________

Date: [__/__/____]

Exhibit: Proposed notice recipients

After the Court fixes the hearing, give notice with a copy of the petition under SDCL § 29A-1-401: mail or deliver at least fourteen days before the hearing; if identity or address remains unknown after reasonable diligence, publish once a week for three consecutive weeks with the last publication at least fourteen days before the hearing. Follow any different notice order the Court enters for good cause.

Sources and References

• SDCL §§ 29A-1-401, 29A-3-102, 29A-3-108, 29A-3-201, 29A-3-203, 29A-3-301, 29A-3-401 to -403, 29A-3-601, and 29A-3-603: https://sdlegislature.gov/Statutes